Bernstein v. Bear Lithia Springs Water Co.

Appellate Terms of the Supreme Court of New York

Bernstein v. Bear Lithia Springs Water Co.

90 N.Y.S. 1061

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 7, 1904

StatusPublished

This text of 90 N.Y.S. 1061 (Bernstein v. Bear Lithia Springs Water Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernstein v. Bear Lithia Springs Water Co., 90 N.Y.S. 1061 (N.Y. Ct. App. 1904).

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Opinion

GILDERSLEEVE, J.

There was sufficient testimony presented on the part of the plaintiff herein to warrant its submission and a decision of the case upon the merits. This view was concededly taken by the trial court at the close of the trial, as he denied defendant’s motion for a dismissal of plaintiff’s complaint, but subsequently rendered a judgment dismissing the complaint. Therein he was in error. It does not appear that the dismissal was upon the merits, and we are forced to the conclusion that it was for insufficiency of proof. A nonsuit. Place v. Hayward, 117 N. Y. 487, 23 N. E. 25; Schlesinger v. Jud, 61 App. Div. 453, 70 N. Y. Supp. 616.

Judgment reversed. New trial ordered, with costs to the appellant to abide the event. All concur.

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GILDERSLEEVE, J.

There was sufficient testimony presented on the part of the plaintiff herein to warrant its submission and a decision of the case upon the merits. This view was concededly taken by the trial court at the close of the trial, as he denied defendant’s motion for a dismissal of plaintiff’s complaint, but subsequently rendered a judgment dismissing the complaint. Therein he was in error. It does not appear that the dismissal was upon the merits, and we are forced to the conclusion that it was for insufficiency of proof. A nonsuit. Place v. Hayward, 117 N. Y. 487, 23 N. E. 25; Schlesinger v. Jud, 61 App. Div. 453, 70 N. Y. Supp. 616.

Judgment reversed. New trial ordered, with costs to the appellant to abide the event. All concur.

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Bluebook (online)

90 N.Y.S. 1061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernstein-v-bear-lithia-springs-water-co-nyappterm-1904.

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